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validity of marriage in texas

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cat33

Guest
What is the name of your state? texas

i have a friend in a difficult situation...is a marriage by proxy to an individual who is incarcerated a valid marriage in texas since the parties never actually resided together?

is there any way to check anywhere to see if this marriage is actually filed anywhere and if so, can it be annulled?

i would really appreciate some assistance!!!
dazed and confused!
 


I AM ALWAYS LIABLE

Senior Member
cat33 said:
What is the name of your state? texas

i have a friend in a difficult situation...is a marriage by proxy to an individual who is incarcerated a valid marriage in texas since the parties never actually resided together?

is there any way to check anywhere to see if this marriage is actually filed anywhere and if so, can it be annulled?

i would really appreciate some assistance!!!
dazed and confused!


Copy and paste this link into your browser without the on each side: [url]http://marriage.about.com/library/weekly/aa100900a.htm
 
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cat33

Guest
thanks

to i am always liable.....i read that info but it still hasn't given be much insight...this seems to be a really gray area in texas...

the parties involved haven't even spoken since 1996 and i know there's some sort of two year period with standard common law marriages befpore you can marry someone else (so i guess that means they void themselves over a sort of waiting period)...

however, the issue here is does texas recognize marriage by proxy as a formal marriage or an informal, common law marriage?

would one of those internet background checks help w/that?

this person is wanting to know what's up...

thank you again for the assistance!
 

I AM ALWAYS LIABLE

Senior Member
My response:

Has your friend sought legal advice from a local attorney? Not being familiar with some of Texas' strange marital laws, it would be advisable that she ask an attorney in her area. Most family law attorneys will give one, free, initial consultation.

Good luck.

IAAL
 

nailtech

Senior Member
§ 2.007. Affidavit of Absent Applicant
(8) if the absent applicant will be unable to attend the ceremony, the appointment of any adult, other than the other applicant, to act as proxy for the purpose of participating in the ceremony

§ 2.203. Ceremony
(a) On receiving an unexpired marriage license, an authorized person may conduct the marriage ceremony as provided by this subchapter.
(b) A person unable to appear for the ceremony may assent to marriage by the appearance of a proxy appointed in the affidavit authorized by Subchapter A.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997.

§ 1.101. Every Marriage Presumed Valid
In order to promote the public health and welfare and to providethe necessary records, this code specifies detailed rules to be followed in establishing the marriage relationship. However, in order to provide stability for those entering into the marriage relationship in good faith and to provide for an orderly determination of parentage and security for the children of the relationship, it is the policy of this state to preserve and uphold each marriage against claims of invalidity unless a strong reason exists for holding the marriage void or voidable. Therefore, every marriage entered into in this state is presumed to be valid unless expressly made void by Chapter 6 or unless expressly made voidable by Chapter 6 and annulled as provided by that chapter.
Added by Acts 1997, 75th Leg., ch. 7, § 1, eff. April 17, 1997

http://www.capitol.state.tx.us/statutes/fa/fa0000600.html#top
 
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cat33

Guest
wow

wow that was great!!!

well, i have bad news for my friend...i subscribed to a records locator & there is a marriage license on file for him & the woman he married on in nov of 94...no divorce cert on file...

and, no txdl on file for the woman, no death cert, no birth cert...no criminal record, no known alias...it's as if she's a ghost!!!

i have no idea how i'm gonna break the news to him!

can he get this bs annulled?...or, how does he file for divorce from where he is?

please help!!!
:(
 

nailtech

Senior Member
Question??

I gave you the link on my last post on chapter 6 ( SUIT FOR DISSOLUTION OF MARRIAGE ) did you copy and paste it into a browser and read it?? (minus the part?)...
 
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